Legal Question in Family Law in India

divorce in US
Hi,

My husband married me under hindu marriage act in india.He has filed for divorce in US on the no fault ground.I stayed with my husband in US for 8 months.He is in US on H1 and i joined him On H4 VISA.When i was in US with his he filed for divorce.I gave my response to the court that i am not subjecting myself to the juridiction of court in US.I requested them to dismiss the petition for divorce on the ground of lack of juridiction.But court didnot dismiss the petition and fixed date of hearing on last week of march.I don't want to break this marriage.But if he will get divorce in US What will be the use if the divorce will be declare void in India as he lives in US and not india.Can i force him to dismiss his petition for divorce in US and file in in india by making an apeal to the court in India as US court didnot dismiss the petition?Can indian court force him to dismiss his his divorce petition in US and file it in india?

Asked on 2/27/09, 10:10 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: divorce in US

You may consider filing a suit in India seeking a declaration that all matrimonial proceedings filed by your husband in US COURT are null and void and are inapplicable to your marriage; and as such these proceedings have no effect on your marital status.

Answered on 2/27/09, 1:39 pm

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: divorce in US

Answered on 2/27/09, 1:45 pm

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